Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-10-28
A BATTLE OF GIANTS.
THE GREAT LEGAL STRUGGLE BEFORE THE
HIGHEST TRIBUNAL
In the Anarchists CaSsS-Arguments for and
Against Writ Of ErOr-Hon. ]. Randolph
fuckers AddrsSs-AtOrnsy-Gsnsrsl
Hunt Rspiss-fhs Other Speeches

WASHINGTON, October N.-The antici'
patton of the argument before the United
States Supreme court to-day upon the Pc
tition of writ OF error in the Chicago An
srehists case, attracted to the Capital a
crowd of eager people, who seemed as
anxious to gain admission to the court
room as if the Anarchists themselves were
to be present in chains and leg fetters and
to argue their OWE case in person.
More than an hour before the court
assembled the court room was densely
packed with people who not only occu-
pied all the seats provided for spectators,
but encroached upon the precincts of the
bar, and stood in closely packed
thrOngs in the open spaces on
each side of the door. Even
out in the corridor there was a crowd en-
desyoying TO at least get glimpse Of the
interior Of the court room through the en-
trance. The audience was destined, how
ever, to be atleast tor a time, disappointed.
When the court was called 10 order at II
o'clock, and the candidates for admission
to the bar had been sworn, the Chief Jus
tice announced that Court would proceed
with
THE UNFINISHED BUSINESS
of yesterday. This unfinished business
was a case from Louisiana, which however
important to the litigants had very little
popular interest. The argument in the
Louisiana case was concluded by Mr.. Beck
with, ut five minutes past one, and the
Chief Justice said we are now ready to hear
the motion for q writ OF error in the case
of Spies and others.
Gen. B. F. Butter asked the court how
much time would be allowed for argu-
ment. His brother, Mr.. Tucker, repre-
sented, he said, the majority CT the petit
TONERS, he himself represented two OF
them, whose cases were in some respect diff
ierent from those Of the others. He would
not, he said speak merely for the sake OF
speaking, but he would not like 10 be
hurried. The Chief Justice asked how
much time he desired. Gen. Butler said
he would like an hour and q hall for him
self and an hour and half for his assO-
ciate, Mr. Tucker The Chief Justice
said: Very well, we will allow you three
hours on side Attorney General Hunt,
of Illinois, said that he and his associates
did not vet know what scope the argu-
ment would take, he could not say how
much time they would desire He would
like. however, to have an opportunity
given to his associate, Mr.. Grinnell, to
speak. The Chief Justice said that each
side would be
ALLOWED THREE HOURS,
aud that Mr.. Grinnell might speak.
At quarter past one Mr.. J. Randolph
Tucker opened the argument in support OF
the petition for q writ OF error.
He said that it was not necessary ror
him to show as a condition, precedent to
the granting of the writ, that the acticn
complained o. il the court below was act
ually repugnant 10, or iE violation OF, the
constitution. it was only necessary 20
show that q conflict had arisen, that there
was q question whether the action COM
planned of was not repGguant to the con
stItutiou. That Was enough TO give this
court jurisdiction. Ii was the object OF
the statute of 1867 TO give free access 10
this court in all cases where there was a
question of this kind. II was not Geces'
sary to show repugnancy, but only conflict.
II there il conflict, then this court has jur'
isdiction, and If il has jurisdiction, then
the petitioners are entitled TO the writ as O
right. This court, said Mr. Tucker, is q
city OF refuge from the avenger Of blood,
and any man who comes here and takes
hold Of
THE HORNS OF JUSTICE
should not be repulsed The policy o.
this court he said had been to deal liber
ally with petitions :Or Yrits of error IN
civil cases. How much more should il
deal literally with a petition for writ o.
error in a criminal case, involving thu
issues of life and death; in a case where
life was about to be taken away in viola
tiep of the constitution. Mr.. Tucker ther
proceeded 70 careful analysis of the
fourteenth amendment and an attempt tC
ascertain the meaning ct the words "du'
process Uf law"
Mr.. Tucker then asserted that the jury
law OF ths State Of Illinois was unconstitu
tional it that Il provides that the forming
of an opinion from reports or frorn newspa'
per accounts ofa certain transaction should
not necessarily diSquslity the person havins
such an opinion from passing judgment
AN the transaction as juror. Even al
though the law might seem 10 he fair and
lust, if by construction and administration
il were made to deny to the prisoner the
right of . trial by fair and impartial jury
then such construction and administration
constituted the iay and made il uncon
stitutional The construction glyer
20 the law IN this case w&s diner
ent from the construction given to II
in a large number of other cases IN til:
same State He then referred TO the ObJec
ticus made by the defense ct the trial Il
the ruling OF tbs court in the matter o
challenges: to the refusal o: the coar
ou a motion for new triSt, 10 h2aI
evidence going to chow that thu
baiIiff had said that The mel
/ he had selected for the panel would b
certain 70 haUg," and TO various othei
| rulings aud decisions oi the trial conr
which had the s!ye?t OF denying 10 ID,
prisoners a fair trial by al impartial jury
Turning then to another question 'n;Sei
I by the case, which be said was o new on
| in TINS conrt, he quoted tue SeCon'
clause of the Fourteenth Amendment
10 the effect that no State shal
make or enforce any Law
which shall abridge the privileges or i'm
1 munities of the citizens of the United
States" Among the privileges and i'm
munities" thus guaranteed by the Four
teenth Amendment were, he eontended
those set forth in the first ten Amend
meuts to the Federal Constitution, snci
rs The
! RIGHT OF CITIZENS
to be secure in their persons, houses, pa
pers and effects, against unreasonsbl,
] saorcbsS and sAizureS"
Turning to the action and rulings OF tn
( trial Court, Mr.. Tucker said that the de
fense wss driven to peremptory challenge
Il. al